Common use of W aiver of Jury Trial Clause in Contracts

W aiver of Jury Trial. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW WHICH CANNOT BE WAIVED, EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN RESPECT OF ANY ACTION, SUIT, OR OTHER PROCEEDING ARISING OUT OF OR BASED UPON THIS AGREEMENT. EACH PARTY HEREBY FURTHER WAIVES ANY RIGHTS OF SETOFF, AND THE RIGHT TO IMPOSE COUNTERCLAIMS (OTHER THAN THOSE RIGHTS OF SETOFF AND COUNTERCLAIMS ARISING SOLELY AND DIRECTLY FROM THE FILM OR THIS AGREEMENT) IN ANY ARBITRATION OR LITIGATION IN ANY COURT CONCERNING, IN CONNECTION WITH, OR ARISING OUT OF THE OTHER COMPLETION DOCUMENTS, OR ANY OTHER CLAIM OR DISPUTE HOWSOEVER ARISING, BETWEEN BENEFICIARY AND COMPLETION GUARANTOR. THIS WAIVER IS IRREVOCABLE, MEANING THAT IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING AND, THIS WAIVER SHALL APPLY TO ANY AMENDMENTS AND MODIFICATIONS TO THIS AGREEMENT. The scope of this waiver is intended to be all-encompassing of any disputes that may be filed in any court and that relate to the subject matter of this Agreement, including, without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. Each Party hereby acknowledges this waiver is a material inducement to enter into a business relationship on which each Party has already relied in entering into this Agreement and will continue to rely in their related future dealings in connection with this Agreement. Each Party hereby further warrants and represents that it knowingly and voluntarily waives its jury trial rights following consultation with legal counsel.

Appears in 3 contracts

Samples: Completion Guaranty, Completion Agreement, Completion Guaranty

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W aiver of Jury Trial. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW WHICH CANNOT BE WAIVED, EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN RESPECT OF ANY ACTION, SUIT, SUIT OR OTHER PROCEEDING ARISING OUT OF OR BASED UPON THIS AGREEMENT. EACH PARTY HEREBY FURTHER WAIVES ANY RIGHTS OF SETOFF, AND THE RIGHT TO IMPOSE COUNTERCLAIMS (OTHER THAN THOSE RIGHTS OF SETOFF AND COUNTERCLAIMS ARISING SOLELY AND DIRECTLY FROM THE FILM OR THIS AGREEMENT) IN ANY ARBITRATION OR LITIGATION IN ANY COURT CONCERNINGWITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THE OTHER COMPLETION DOCUMENTS, OR ANY OTHER CLAIM OR DISPUTE HOWSOEVER ARISING, BETWEEN BENEFICIARY AND COMPLETION GUARANTOR. THIS WAIVER IS IRREVOCABLE, MEANING THAT IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING AND, THIS WAIVER SHALL APPLY TO ANY AMENDMENTS AND MODIFICATIONS TO THIS AGREEMENT. The scope of this waiver is intended to be all-encompassing of any and all disputes that may be filed in any court and that relate to the subject matter of this Agreement, including, without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. Each Party hereby acknowledges this waiver is a material inducement to enter into a business relationship on which each Party has already relied in entering into this Agreement and will continue to rely in their related future dealings in connection with this Agreement. Each Party hereby further warrants and represents that it knowingly and voluntarily waives its jury trial rights following consultation with legal counsel.

Appears in 2 contracts

Samples: Completion Guaranty, Completion Guaranty

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W aiver of Jury Trial. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW WHICH CANNOT BE WAIVED, EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN RESPECT OF ANY ACTION, SUIT, SUIT OR OTHER PROCEEDING ARISING OUT OF OR BASED UPON THIS AGREEMENT. EACH PARTY HEREBY FURTHER WAIVES ANY RIGHTS OF SETOFF, AND THE RIGHT TO IMPOSE COUNTERCLAIMS (OTHER THAN THOSE RIGHTS OF SETOFF AND COUNTERCLAIMS ARISING SOLELY AND DIRECTLY FROM THE FILM OR THIS AGREEMENT) IN ANY ARBITRATION OR LITIGATION IN ANY COURT CONCERNINGWITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THE OTHER COMPLETION DOCUMENTS, OR ANY OTHER CLAIM OR DISPUTE HOWSOEVER ARISING, BETWEEN BENEFICIARY PRODUCER AND COMPLETION GUARANTOR. THIS WAIVER IS IRREVOCABLE, MEANING THAT IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING AND, THIS WAIVER SHALL APPLY TO ANY AMENDMENTS AND MODIFICATIONS TO THIS AGREEMENT. The scope of this waiver is intended to be all-encompassing of any and all disputes that may be filed in any court and that relate to the subject matter of this Agreement, including, without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. Each Party hereby acknowledges this waiver is a material inducement to enter into a business relationship on which each Party has already relied in entering into this Agreement and will continue to rely in their related future dealings in connection with this Agreement. Each Party hereby further warrants and represents that it knowingly and voluntarily waives its jury trial rights following consultation with legal counsel.

Appears in 2 contracts

Samples: Completion Agreement, Completion Agreement

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